Further delay in cash bid But valuation to take place next week

A long-running bid to claw back some of the cash from a shamed former Perthshire company director, jailed last June for a series of VAT frauds totalling more than £174,000, suffered a further delay at Perth Sheriff Court this week.

But the valuation of a property in France, which has been holding up progress in the proceeds of crime action against 49-year-old Stuart Newing-Davis, is set to take place at the end of this month, his agent told the court.

The Crown and Her Majesty’s Revenue and Customs have been probing a “French connection” in the action against Davis, who was living at Tannoch House, Dunkeld Road, Bankfoot, when the VAT scams took place.

He was given 32 months behind bars after he finally pled guilty to charges of being involved in the fraudulent evasion of VAT while he was a director of Trainpeople.co.uk - a recruitment agency - and Ptarmigan Transport Solutions Ltd.

He knowingly submitted false returns to Her Majesty’s Revenue and Customs (HMRC) between March, 2010, and June 7, 2011.

The case has been dragging through the courts since he first faced charges in December, 2013, and the proceeds of crime action finally got underway at Perth Sheriff Court last year.

The court heard previously that at issue is a £450,000 property in France, in which Newing-Davis has a share.

His wife sstill currently lives at the property.

His lawyers are arguing that the house should not be considered as part of the latest action.

The Crown, however, want to seize £154,000, representing NewingDavis’s share of the property.

The court was told the depute fiscal handling the matter for the Crown wants more time to investigate.

The court was told last June that he had received “no personal enrichment or gratification” from the VAT fraud.

Instead of paying his VAT, he was effectively re-circulating the cash to meet his payroll and PAYE liabilities.

But Sheriff William Wood noted that the five fraud charges had taken place over 15-16 months and involved a substantial sum.

He had also instructed staff to falsify reports submitted to HM Customs and Revenue and that resulted in “a substantial fraud on the taxpayer.”

Evidence in the action was to have taken place last week.

But lawyer Jackie Jobson explained that Mr Newing-Davis had contacted her office to advise he had been unwell since last Friday and has “some sort of infection.”

She said a further court date had been identified for next January.

The depute fiscal said: “There is still a dispute over the property in France but a valuation has been set for November 29.”

Sheriff William Wood welcomed a date for the valuation of the house in France.

He said: “If we are getting to the stage where a proper evaluation can be carried out, that can only be a good thing.”

He reminded his representative that a soul and conscience certificate would have to be produced before the next court hearing - or there would be “consequences.”

Proceedings have been adjourned to 2pm on January 10, 2019.